[AusNOG] Legal Challenge To Meta Data Laws

Thu Sep 10 11:07:24 EST 2015

I haven’t spoken with a legal expert who is specific to this area no not as yet….

However I do have a law background from a Business and Taxation aspect so I do know how law works….

I still feel there is a valid case and I am researching all of this at present and if I find case law to support my argument I will run with it I have a very good track record with fighting the ATO to the point any cases I have taken on for clients and worked with their legal teams to present in a correct way I have a 100% track record so I am confident of my legal ability….

Sure I am not as yet 100% across all aspects of my case but I still feel that using the principal of law and presenting it in a compelling way I have a strong chance considering the government legal teams aren’t that good (well not the ATO anyhow most of these idiots don’t have the detailed knowledge of the law anyhow)…. Very quickly won a case last week where the ATO was trying to wind up a company based on a Commissioners Assessment which we have proven was wrong…. They sort to amend a bankruptcy notice which you can’t do it has to be withdrawn and refiled and even the judge was very surprised about the actual competence of the legal representatives from the ATO so like I said I am used to taking on the government lawyers….

As for judges if you present your case and walk them through it step by step explaining all aspects and you can make them understand the principal of how these laws don’t work they usually rule in your favour especially if they see that the implementation of the law just doesn’t work.

Regards

Andrew

[[image]]

Andrew Kitchen | Business DevelopmentStrategist
PO Box 3279, The Pines, Victoria, 3109
T 1300 789 299 D 03 9909 3102 M 0449 561 461 F 03 8611 7946
a.kitchen at xi.com.au<mailto:a.kitchen at xi.com.au> | www.xi.com.au<http://www.xi.com.au>

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From: Mark Newton
Date: Thursday, 10 September 2015 10:55 am
To: Andrew Mathieson-Blakely
Cc: "AusNOG at lists.ausnog.net<mailto:AusNOG at lists.ausnog.net>"
Subject: Re: [AusNOG] Legal Challenge To Meta Data Laws

On Sep 10, 2015, at 10:30 AM, Andrew Kitchen <a.kitchen at xi.com.au<mailto:a.kitchen at xi.com.au>> wrote:

At this early stage it would be around the broadcasting act vs meta data laws and which law takes precedence.

They don’t contradict.

I feel the legal defence would be around the products themselves the competing laws and how we have contradictions in them then and what law is true and correct, then you would tie in the disadvantages this places on whole of business providers, or the extra costs to split off the business into separate entities etc then you would look at case law to backup your argument.

You won’t win that fight. There is already an Acts Interpretation Act which says what to do if two statutes contradict (generally: the more recent one wins).

But you’d need to demonstrate that they contradict in the first place, and I can’t see any reason to say that.

Yes agreed doing it just around anti-competitve alone wouldn’t work but you can use it and even tie it into Australian Consumer Law as well and Trade Practices Act saying well if a company was to do this then it would be illegal so why can the government get away with it….

Governments are inherently able to get away with things companies can’t get away with. That’s what a Government is.

Leaving it up to each service provider isn’t acceptable as one service provider will say based on what the AG and the law has said then I need to retain x,y,z where another service provider might say I only need to retain x and z.

That’s perfectly fine. One of them will be right, one of them will be wrong, and a court will eventually sort it out. That’s how the system is supposed to work.

A High Court judge isn’t going to issue an injunction to prevent the operation of the law at all; They’ll dismiss your (extremely expensive, time consuming) case, and say that the Commonwealth should be working out which interpretations are right and wrong by litigating selected edge cases individually.

You haven’t actually talked to a lawyer about any of this, have you.

   - mark

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